AN
ACT to MAKE TECHNICAL AND OTHER CHANGES TO THE GENERAL STATUTES REGARDING
THE DEPARTMENT OF PUBLIC SAFETY; AND TO
transfer the warehouse formerly operated by the law enforcement support
services division and its contents from the department of justice to the
department of public safety and to assign the responsibilities for the storage
and management of evidence housed in the warehouse to the department of public
safety, as recommended by the joint legislative oversight committee on justice
and public safety.

The General Assembly of North
Carolina enacts:

PART I. SUBSTANTIVE CHANGES

SECTION 1. G.S. 14-202(m)
reads as rewritten:

"(m)
The provisions of subsections (a), (a1), (c), (e), (g), (h), and (k) of this
section do not apply to:

(1)
Law enforcement officers while discharging or attempting to discharge their
official duties; or

(2)
Personnel of the Division of Adult Correction of the Department of Public Safety
Safety, the Division of Juvenile Justice of the Department of Public
Safety, or of a local confinement facility for security purposes or during
investigation of alleged misconduct by a person in the custody of the Division
or the local confinement facility."

SECTION 2. G.S. 15-203
reads as rewritten:

"§
15-203. Duties of the Secretary of Public Safety; appointment of
probation officers; reports; requests for extradition.

The Secretary of Public Safety Safety,
or the Secretary's designee, shall direct the work of the probation
officers appointed under this Article. Notwithstanding any other provision
of law, the Secretary of Public Safety shall have sole discretion to establish
the minimum experience requirements to receive an appointment as a probation
officer. The Office of State Personnel shall work with the Secretary to
establish position classifications for probation officers based on the
experience requirements established by the Secretary. The Secretary Secretary,
or the Secretary's designee, shall consult and cooperate with the courts
and institutions in the development of methods and procedure in the
administration of probation, and shall arrange conferences of probation
officers and judges. The Secretary shall make an annual written report with
statistical and other information to the Division of Adult Correction of the
Department of Public Safety and the Governor. The Secretary is authorized
to present to the Governor written applications for requisitions for the return
of probationers who have broken the terms of their probation, and are believed
to be in another state, and the Secretary shall follow the procedure outlined
for requests for extradition as set forth in G.S. 15A-743."

SECTION 3. G.S. 18B-500
is amended by adding a new subsection to read:

"(g)Shifting of Personnel From One District to Another. - The Director of the
Alcohol Law Enforcement Section, under rules adopted by the Department of
Public Safety may, from time to time, shift the forces from one district to
another or consolidate more than one district force at any point for special
purposes. Whenever an agent of the Alcohol Law Enforcement Section is
transferred from one district to another for the convenience of the State or
for reasons other than the request of the agent, the Department shall be
responsible for transporting the household goods, furniture, and personal
apparel of the agent and members of the agent's household."

SECTION 4. G.S. 20-79.5(a)
reads as rewritten:

"(a)
Plates. - The State government officials listed in this section are eligible
for a special registration plate under G.S. 20-79.4. The plate shall bear
the number designated in the following table for the position held by the
official.

Position
Number on Plate

Governor
1

Lieutenant
Governor
2

Speaker of the House
of
Representatives
3

President Pro
Tempore of the
Senate
4

Secretary of
State
5

State Auditor
6

State
Treasurer
7

Superintendent of Public
Instruction
8

Attorney
General
9

Commissioner of
Agriculture
10

Commissioner of
Labor
11

Commissioner of
Insurance
12

Speaker Pro Tempore
of the
House
13

Legislative Services
Officer
14

Secretary of
Administration
15

Secretary of
Environment and Natural
Resources
16

Secretary of
Revenue
17

Secretary of Health
and Human
Services
18

Secretary of
Commerce
19

Secretary of Public
Safety
20

Secretary of
Cultural
Resources
21

Secretary of
Public Safety22

Secretary of
Public Safety23

Governor's
Staff
2422-29

State Budget
Officer
30

State Personnel Director
31

Chair of the State
Board of
Education
32

President of the
U.N.C.
System
33

President of the
Community Colleges
System
34

State Board Member,
Commission Member,

or State Employee
Not Named in
List
35-43

Alcoholic Beverage
Control
Commission
44-46

Assistant
Commissioners of
Agriculture
47-48

Deputy Secretary of
State
49

Deputy State
Treasurer
50

Assistant State
Treasurer
51

Deputy Commissioner
for the Department of
Labor
52

Chief Deputy for the
Department of
Insurance
53

Assistant
Commissioner of
Insurance
54

Deputies and
Assistant to the Attorney
General
55-65

Board of Economic
Development Nonlegislative
Member
66-88

State Ports
Authority Nonlegislative
Member
89-96

Utilities Commission
Member
97-103

State Board Member,
Commission Member,

or State Employee
Not Named in
List
104

Post-Release
Supervision and Parole Commission Member
105-107

State Board Member,
Commission Member,

or State Employee
Not Named in
List
108-200".

SECTION 5. G.S. 114-19.6(a)(1)
reads as rewritten:

"(1)
"Covered person" means any of the following:

a.
An applicant for employment or a current employee in a position in the Division
of Juvenile Justice of the Department of Public Safety who provides direct care
for a client, patient, student, resident or ward of the Division.

b.
A person who supervises positions in the Division of Juvenile Justice of the
Department of Public Safety providing direct care for a client, patient,
student, resident or ward of the Division.

c.
An applicant for employment or a current employee in a position in the
Department of Health and Human Services.

d.
An independent contractor or an employee of an independent contractor that has
contracted to provide services to the Department of Health and Human Services.

e.
A person who has been approved to perform volunteer services for the Department
of Health and Human Services.

f.An independent contractor or an employee of an independent contractor who
has contracted with the Division of Juvenile Justice of the Department of
Public Safety to provide direct care for a client, patient, student, resident,
or ward of the Division.

g.A person who has been approved to perform volunteer services in or for the
Division of Juvenile Justice of the Department of Public Safety to provide
direct care for a client, patient, student, resident, or ward of the Division."

SECTION 6. G.S. 120C-500
is amended by adding a new subsection to read:

"(e)Notwithstanding subsection (c) of this section, the Secretary of Public
Safety shall designate at least one, but no more than five, liaison personnel
to lobby for legislative action for all offices, commissions, and agencies
within the Department of Public Safety, as established by Article 13 of Chapter
143B."

SECTION 7. G.S. 126-5(d)(1)
reads as rewritten:

"(1)
Exempt Positions in Cabinet Department. - The Governor may designate a total of
100 exempt policymaking positions throughout the following departments:

a.
Department of Administration;Administration.

b.
Department of Commerce;Commerce.

c.Division of Adult Correction of the Department of Public Safety;

d.
Department of Public Safety;Safety.

e.
Department of Cultural Resources;Resources.

f.
Department of Health and Human Services;Services.

g.
Department of Environment and Natural Resources;Resources.

h.
Department of Revenue;Revenue.

i.
Department of Transportation; andTransportation.

j.Division of Juvenile Justice of the Department of Public Safety.

The Governor may
designate exempt managerial positions in a number up to one percent (1%) of the
total number of full-time positions in each cabinet department listed above in
this sub-subdivision, not to exceed 30 positions in each department. Notwithstanding
the provisions of this subdivision or the other requirements of this
subsection, the Governor may at any time designate up to one percent (1%) of
the total number of full-time positions in the Department of Public Safety, not
to exceed 100 positions, as exempt managerial positions. Notwithstanding
the provisions of this subdivision, or the other requirements of this
subsection, the Governor may at any time increase by five the number of exempt
policymaking positions at the Department of Health and Human Services, but at
no time shall the total number of exempt policymaking positions exceed 105.
Notwithstanding the provisions of this subdivision, or the other requirements
of this subsection, the Governor may at any time increase by five the number of
exempt policy-making positions at the Department of Public Safety, but at no
time shall the total number of exempt policy-making positions exceed 105.
The Governor shall notify the General Assembly and the State Personnel Director
of the additional positions designated hereunder."

SECTION 8. G.S. 143B-600(a)
reads as rewritten:

"(a)
There is established the Department of Public Safety. The head of the
Department of Public Safety is the Secretary of Public Safety, who shall be
known as the Secretary. The Department shall consist of six divisions and an
Office of External Affairs as follows:

(1)
The Division of Adult Correction, which shall consist of the former Department
of Correction. The head of the Division of Adult Correction shall be a chief
deputy secretary, who shall be responsible for prisons, community corrections, and
correction enterprises.enterprises, alcoholism and chemical
dependency treatment, offender records management, and extradition.

(2)
The Division of Juvenile Justice, which shall consist of the former Department
of Juvenile Justice and Delinquency Prevention. The head of the Division of
Juvenile Justice shall be a chief deputy secretary, who shall be responsible
for youth detention centers, court services, community programs, and youth
development centers.

(3)
The Division of Law Enforcement, which shall consist of the following former
divisions of the Department of Crime Control and Public Safety: the State
Highway Patrol, the Alcohol Law Enforcement Division, and the State Capitol
Police Division. The head of the Division of Law Enforcement shall be a chief
deputy secretary.

(4)
The Division of Emergency Management, which shall consist of the former
Division of Emergency Management of the Department of Crime Control and Public
Safety and the Civil Air Patrol.

(5)
The North Carolina National Guard.

(6)
The Division of Administration, the head of which shall be a chief deputy
secretary responsible for all administrative functions, including fiscal,
auditing, information technology, purchasing, human resources, training,
engineering, and facility management functions for the Department. Within the
Division, there is established a Grants Management Section, which shall consist
of the Governor's Crime Commission, the Criminal Justice Partnership
Program,Commission and the Juvenile Crime Prevention Council Fund.

(7)
The Office of External Affairs, which shall be responsible for federal and
State liaison activities, victim services, and public affairs."

SECTION 9. G.S. 143B-704
reads as rewritten:

"§
143B-704. Division of Adult Correction of the Department of Public Safety
- functions.

(a)
The functions of the Division of Adult Correction of the Department of Public
Safety shall comprise comprise, except as otherwise expressly
provided by the Executive Organization Act of 1973 or by the Constitution of
North Carolina Carolina, all functions of the executive branch of
the State in relation to corrections and the rehabilitation of adult offenders,
including detention, parole, and aftercare supervision, and further including
those prescribed powers, duties, and functions enumerated in Article 14 of
Chapter 143A of the General Statutes and other laws of this State.

(b)
All such functions, powers, duties, and obligations heretofore vested in the
Department of Social Rehabilitation and Control and any agency enumerated in
Article 14 of Chapter 143A of the General Statutes and laws of this State are
hereby transferred to and vested in the Division of Adult Correction of the
Department of Public Safety except as otherwise provided by the Executive
Organization Act of 1973. They shall include, by way of extension and not of
limitation, the functions of:

(1)
The State Department of Correction and Commission of Correction,

(2)
Repealed by Session Laws 1999-423, s. 8, effective July 1, 1999.

(3)
The State Probation Commission,

(4)
The State Board of Paroles,

(5)
The Interstate Agreement on Detainers, and

(6)
The Uniform Act for Out-of-State Parolee Supervision.

(c)The Section of Community Corrections of the Division of Adult Correction shall
establish rules for intensive supervision consistent with the requirements
specified in G.S. 15A-1340.11(5).

(d)
The Department shall establish a Substance Abuse Program. This Program shall
include an intensive term of inpatient treatment, normally four to six weeks,
for alcohol or drug addiction in independent, residential facilities for
approximately 100 offenders per facility.

The Division shall establish an
alcoholism and chemical dependency treatment program. The program shall consist
of a continuum of treatment and intervention services for male and female
inmates, established in medium and minimum custody prison facilities, and for
male and female probationers and parolees, established in community-based
residential treatment facilities.

(e)
The Department, in consultation with the Domestic Violence Commission, and in
accordance with established best practices, shall establish a domestic violence
treatment program for offenders sentenced to a term of imprisonment in the
custody of the Department and whose official record includes a finding by the
court that the offender committed acts of domestic violence.

The Department shall ensure that
inmates, whose record includes a finding by the court that the offender
committed acts of domestic violence, complete a domestic violence treatment
program prior to the completion of the period of incarceration, unless other
requirements, deemed critical by the Department, prevent program completion. In
the event an inmate does not complete the program during the period of
incarceration, the Department shall document, in the inmate's official record,
specific reasons why that particular inmate did not or was not able to complete
the program."

(a)
The Substance Abuse Program established by subsection (d) of §G.S. 143B-704
shall be offered in a correctional facility,facilities, or
a portion of a correctional facility facilities that is
are self-contained, so that the residential and program space is
separate from any other programs or inmate housing, and shall be operational by
January 1, 1988, at such unitthose facilities as the Secretary
or the Secretary's designee may designate.

(b)
An Assistant Secretary for Substance AbuseA Section Chief for the
Alcoholism and Chemical Dependency Treatment Program shall be employed and
shall report directly to the Office of the Secretary of Public Safety.a
deputy director for the Division of Adult Correction as designated by the Chief
Deputy Secretary for the Division of Adult Correction. The duties of the Assistant
SecretarySection Chief and staff shall include the following:

(1)
Administer and coordinate all substance abuse programs, grants, contracts, and
related functions in the Division of Adult Correction of the Department of
Public Safety;Safety.

(2)
Develop and maintain working relationships and agreements with agencies and
organizations that will assist in developing and operating a Substance Abuse
Programalcoholism and chemical dependency treatment and recovery
programs in the Division of Adult Correction of the Department of Public Safety;Safety.

(3)
Develop and coordinate the use of volunteers in the Substance Abuse Program;Program.

(4)
Develop and present training programs related to substance abuse alcoholism
and chemical dependency for employees and others at all levels in the agency;agency.

(6)
Maintain contact with key leaders in the substance abuse fieldalcoholism
and chemical dependency field, the service structure of various community
recovery programs, and active supporters of the Correction Program;Program.

(7)
Supervise directly the directors of treatment units, facility and
district program managers, other specialized personnel, and programs that
exist or may be developed in the Division of Adult Correction of the Department
of Public Safety; andSafety.

(c)
In the uniteach prison that houses an alcoholism and chemical
dependency program, there shall be a unit superintendent under the Section
of Prisons of the Division of Adult Correction and other custodial,
administrative, and support staff as required for a medium custody facility
for approximately 100 inmates.to maintain the proper custody level at
the facility. The unit superintendent shall be responsible for all matters
pertaining to custody and administration of the unit. The Assistant
Secretary shall designate an employee to administer the inpatient treatment
program under the direction of the Assistant Secretary for Substance Abuse.The
Section Chief of the Alcoholism and Chemical Dependency Treatment Program shall
designate and direct employees to manage treatment programs at each location.
Duties of unit treatment program managers shall include program development and
implementation, supervision of personnel assigned to treatment programs, adherence
to all pertinent policy and procedural requirements of the Department, and
other duties as assigned.

(d)
Extensive use may be made of inmates working in the role of ancillary staff, peer
counselors,treatment assistants, role models, or study group
leaders as the program manager determines. Additional resource people who may
be required for specialized treatment activities, presentations, or group work
may be employed on a fee or contractual basis.

(e)
Admission priorities shall be established as follows:

(1)
Evaluation and referral from reception and diagnostic centers.

(2)
General staff referral.

(3)
Self-referral.

(f)
The Program shall include extensive follow-up after the period of intensive
treatment. There will be specific plans for each departing inmate for follow-up,
including active involvement with Alcoholics Anonymous, community resources,
and personal sponsorship."

SECTION 11. G.S. 143B-710
reads as rewritten:

"§
143B-710. Division of Adult Correction of the Department of Public Safety
- head.

The Secretary of Public Safety
shall appoint a chief deputy secretary to be the head of the
Division."

SECTION 12. G.S. 143B-806
reads as rewritten:

"§
143B-806. Duties and powers of the Division of Juvenile Justice of the
Department of Public Safety.

(a)
The head of the Division is the Secretary. a Chief Deputy Secretary
appointed by the Secretary of Public Safety. The Secretary Chief
Deputy Secretary shall have the powers and duties conferred by this
Chapter, delegated by the Secretary of Public Safety or the Governor,
and conferred by the Constitution and laws of this State. The Secretary of
Public Safety shall be responsible for effectively and efficiently
organizing the Division to promote the policy of the State as set forth in this
Part and to promote public safety and to prevent the commission of delinquent
acts by juveniles.

(b)
The Secretary Chief Deputy Secretary shall have the following
powers and duties:

(1)
Give leadership to the implementation as appropriate of State policy that
requires that youth development centers be phased out as populations diminish.

(2)
Close a State youth development center when its operation is no longer
justified and transfer State funds appropriated for the operation of that youth
development center to fund community-based programs, to purchase care or
services for predelinquents, delinquents, or status offenders in community-based
or other appropriate programs, or to improve the efficiency of existing youth
development centers, after consultation with the Joint Legislative Commission
on Governmental Operations.

(3)
Administer a sound admission or intake program for juvenile facilities,
including the requirement of a careful evaluation of the needs of each juvenile
prior to acceptance and placement.

(4)
Operate juvenile facilities and implement programs that meet the needs of
juveniles receiving services and that assist them to become productive,
responsible citizens.

(5)
Adopt rules to implement this Part and the responsibilities of the Secretary
and the Division under Chapter 7B of the General Statutes. The Secretary may
adopt rules applicable to local human services agencies providing juvenile
court and delinquency prevention services for the purpose of program
evaluation, fiscal audits, and collection of third-party payments.

(6)
Ensure a statewide and uniform system of juvenile intake, protective
supervision, probation, and post-release supervision services in all district
court districts of the State. The system shall provide appropriate, adequate,
and uniform services to all juveniles who are alleged or found to be
undisciplined or delinquent.

(8)
Plan, develop, and coordinate comprehensive multidisciplinary services and
programs statewide for the prevention of juvenile delinquency, early
intervention, and rehabilitation of juveniles.

(9)
Develop standards, approve yearly program evaluations, and make recommendations
based on the evaluations to the General Assembly concerning continuation
funding.

(10)
Collect expense data for every program operated and contracted by the Division.

(11)
Develop a formula for funding, on a matching basis, juvenile court and
delinquency prevention services as provided for in this Part. This formula
shall be based upon the county's or counties' relative ability to fund
community-based programs for juveniles.

Local governments
receiving State matching funds for programs under this Part must maintain the
same overall level of effort that existed at the time of the filing of the
county assessment of juvenile needs with the Division.

(12)
Assist local governments and private service agencies in the development of
juvenile court services and delinquency prevention services and provide
information on the availability of potential funding sources and assistance in
making application for needed funding.

(13)
Develop and administer a comprehensive juvenile justice information system to
collect data and information about delinquent juveniles for the purpose of
developing treatment and intervention plans and allowing reliable assessment
and evaluation of the effectiveness of rehabilitative and preventive services
provided to delinquent juveniles.

(14)
Coordinate State-level services in relation to delinquency prevention and
juvenile court services so that any citizen may go to one place in State
government to receive information about available juvenile services.

(15)
Appoint the chief court counselor in each district upon the recommendation
of the chief district court judge of that district.

(16)
Develop a statewide plan for training and professional development of chief
court counselors, court counselors, and other personnel responsible for the
care, supervision, and treatment of juveniles. The plan shall include
attendance at appropriate professional meetings and opportunities for
educational leave for academic study.

(17)
Study issues related to qualifications, salary ranges, appointment of personnel
on a merit basis, including chief court counselors, court counselors, secretaries,
and other appropriate personnel, at the State and district levels in order to
adopt appropriate policies and procedures governing personnel.

(18)
Set, in consultation with the Office of State Personnel, the salary supplement
paid to teachers, instructional support personnel, and school-based
administrators who are employed at juvenile facilities and are licensed by the
State Board of Education. The salary supplement shall be at least five percent
(5%), but not more than the percentage supplement they would receive if they
were employed in the local school administrative unit where the job site is
located. These salary supplements shall not be paid to central office staff.
Nothing in this subdivision shall be construed to include "merit pay"
under the term "salary supplement".

(19)
Designate persons, as necessary, as State juvenile justice officers, to provide
for the care and supervision of juveniles placed in the physical custody of the
Division.

(c)
Except as otherwise specifically provided in this Part and in Article 1 of this
Chapter, the Secretary of Public Safety shall prescribe the functions,
powers, duties, and obligations of every agency or division section in
the Division.

(d)
Where Division statistics indicate the presence of minority youth in juvenile
facilities disproportionate to their presence in the general population, the
Division shall develop and recommend appropriate strategies designed to ensure
fair and equal treatment in the juvenile justice system.

(e)
The Division may provide consulting services and technical assistance to
courts, law enforcement agencies, and other agencies, local governments, and
public and private organizations. The Division may develop or assist Juvenile
Crime Prevention Councils in developing community needs, assessments, and
programs relating to the prevention and treatment of delinquent and
undisciplined behavior.

(f)
The Division shall develop a cost-benefit model for each State-funded program.
Program commitment and recidivism rates shall be components of the model."

SECTION 13. G.S. 143B-840(a)
reads as rewritten:

"(a)
The Division shall develop and implement the a comprehensive
juvenile delinquency and substance abuse prevention plan developed by the
Office of Juvenile Justice and shall coordinate with County Councils for
implementation of a continuum of services and programs at the community level.

The Division shall ensure that
localities are informed about best practices in juvenile delinquency and
substance abuse prevention."

SECTION 14. Section
19.1(hhh2) of S.L. 2011-145 is repealed.

PART II. TECHNICAL CHANGES

SECTION 15. G.S. 7A-474.3(c)(4)
reads as rewritten:

"(4)
To provide legal assistance to any prisoner within the North Carolina Division
of Adult Correction of the Department of Public Safety with regard to the terms
of that person's incarceration; or".

SECTION 16. G.S. 7A-474.18(c)(2)
reads as rewritten:

"(2)
To provide legal assistance to any prisoner within the North Carolina Division
of Adult Correction of the Department of Public Safety with regard to the terms
of that person's incarceration."

SECTION 17. G.S. 7B-3000(e1)
reads as rewritten:

"(e1)
When a person is subject to probation supervision under Article 82 of Chapter
15A of the General Statutes, for an offense that was committed while the person
was less than 25 years of age, that person's juvenile record of an adjudication
of delinquency for an offense that would be a felony if committed by an adult
may be examined without a court order by the probation officer in the Section
of Community Corrections of the Division of Adult Correction assigned to
supervise the person for the purpose of assessing risk related to supervision.

Each judicial district manager in
the Section of Community Corrections of the Division of Adult Correction shall
designate a Division staff person in each county to obtain from the
clerk, at the request of the probation officer assigned to supervise the
person, any juvenile records authorized to be examined under this subsection.
The judicial district manager shall inform the clerk in each county, in
writing, of the designated staff person in the county. The designated staff
person shall transfer any juvenile records obtained to the probation officer
assigned to supervise the person.

Any copies of juvenile records
obtained pursuant to this subsection shall continue to be withheld from public
inspection and shall not become part of the public record in any criminal
proceeding. Any copies of juvenile records shall be destroyed within 30 days of
termination of the person's period of probation supervision. Any other
information in the Section of Community Corrections of the Division of Adult Correction
records, relating to a person's juvenile record, shall remain confidential and
shall be maintained or destroyed pursuant to guidelines established by the
Department of Cultural Resources for the maintenance and destruction of Section
of Community Corrections of the Division of Adult Correction records."

SECTION 18. G.S. 13-1(1)
reads as rewritten:

"§
13-1. Restoration of citizenship.

Any person convicted of a crime,
whereby the rights of citizenship are forfeited, shall have such rights automatically
restored upon the occurrence of any one of the following conditions:

(1)
The unconditional discharge of an inmate by the State Division of Adult
Correction of the Department of Public Safety or the North Carolina Division of
Adult Correction of the Department of Public Safety, of a probationer by the
State Division of Adult Correction of the Department of Public Safety, inmate,
of a probationer, or of a parolee by the Division of Adult Correction of
the Department of Public Safety; or of a defendant under a suspended sentence
by the court.

…."

SECTION 19. G.S. 14-258.3
reads as rewritten:

"§
14-258.3. Taking of hostage, etc., by prisoner.

Any prisoner in the custody of the
Division of Adult Correction of the Department of Public Safety, including
persons in the custody of the Division of Adult Correction of the Department of
Public Safety pending trial or appellate review or for presentence diagnostic
evaluation, or any prisoner in the custody of any local confinement facility
(as defined in G.S. 153A-217), or any person in the custody of any local
confinement facility (as defined in G.S. 153A-217) pending trial or
appellate review or for any lawful purpose, who by threats, coercion,
intimidation or physical force takes, holds, or carries away any person, as
hostage or otherwise, shall be punished as a Class F felon. The provisions of
this section apply to: (i) violations committed by any prisoner in the custody
of the Division of Adult Correction of the Department of Public Safety, whether
inside or outside of the facilities of the North Carolina Division of
Adult Correction of the Department of Public Safety; (ii) violations committed
by any prisoner or by any other person lawfully under the custody of any local
confinement facility (as defined in G.S. 153A-217), whether inside or
outside the local confinement facilities (as defined in G.S. 153A-217)."

SECTION 20. G.S. 15-6.1
reads as rewritten:

"§
15-6.1. Changing place of confinement of prisoner committing offense.

In all cases where a defendant has
been convicted in a court inferior to the superior court and sentenced to a
term in the county jail or to serve in some county institution other than under
the supervision of the State Division of Adult Correction of the Department of
Public Safety, and such defendant is subsequently brought before such court for
an offense committed prior to the expiration of the term to be served in such
county institution, upon conviction, plea of guilty or nolo contendere, the
judge shall have the power and authority to change the place of confinement of
the prisoner and commit such defendant to work under the supervision of the State
Division of Adult Correction of the Department of Public Safety. This
provision shall apply whether or not the terms of the new sentence are to run
concurrently with or consecutive to the remaining portion of the old
sentence."

SECTION 21. G.S. 15-10.1
reads as rewritten:

"§
15-10.1. Detainer; purpose; manner of use.

Any person confined in the State
prison system of North Carolina, subject to the authority and control of
the State Division of Adult Correction of the Department of Public
Safety, or any person confined in any other prison of North Carolina, may be
held to account for any other charge pending against him only upon a written
order from the clerk or judge of the court in which the charge originated upon
a case regularly docketed, directing that such person be held to answer the
charge pending in such court; and in no event shall the prison authorities hold
any person to answer any charge upon a warrant or notice when the charge has
not been regularly docketed in the court in which the warrant or charge has
been issued: Provided, that this section shall not apply to any State agency
exercising supervision over such person or prisoner by virtue of a judgment,
order of court or statutory authority."

SECTION 22. G.S. 15-196.3
reads as rewritten:

"§
15-196.3. Effect of credit.

Time creditable under this section
shall reduce the minimum and maximum term of a sentence; and, irrespective of
sentence, shall reduce the time required to attain privileges made available to
inmates in the custody of the State Division of Adult Correction of the
Department of Public Safety which are dependent, in whole or in part, upon the
passage of a specific length of time in custody, including parole or post-release
supervision consideration by the Post-Release Supervision and Parole
Commission. However, nothing in this section shall be construed as requiring an
automatic award of privileges by virtue of the passage of time."

SECTION 23. G.S. 15-204
reads as rewritten:

"§
15-204. Assignment, compensation and oath of probation officers.

Probation officers appointed under
this Article shall be assigned to serve in such courts or districts or otherwise
as the Secretary of Public Safety may determine. They shall be paid annual
salaries to be fixed by the Division of Adult Correction of the
Department of Public Safety, and shall also be paid traveling and other
necessary expenses incurred in the performance of their official duties as
probation officers when such expense accounts have been authorized and approved
by the Secretary of Public Safety.

Each person appointed as a
probation officer shall take an oath of office before the judge of the court or
courts in which he is to serve, which oath shall be as follows:

"I, __________, do solemnly
and sincerely swear that I will be faithful and bear true allegiance to the
State of North Carolina, and to the constitutional powers and authorities which
are or may be established for the government thereof; and that I will endeavor
to support, maintain, and defend the Constitution of said State, not
inconsistent with the Constitution of the United States, to the best of my
knowledge and ability; so help me God," and shall be noted of record by
the clerk of the court."

SECTION 24. G.S. 15-206
reads as rewritten:

"§
15-206. Cooperation with Division of Adult Correction of the Department
of Public Safety and officials of local units.

It shall be the duty of the
Secretary of Public Safety and the Division of Adult Correction of the
Department of Public Safety to cooperate with each other to the end that the
purposes of probation and parole may be more effectively carried out. When
requested, each shall make available to the other case records in his
possession, and in cases of emergency, where time and expense can be saved,
shall provide investigation service.

It is hereby made the duty of
every city, county, or State official or department to render all assistance
and cooperation within his or its the official's or the Department's fundamental
power which may further the objects of this Article. The State Division
of Adult Correction of the Department of Public Safety, the Secretary of Public
Safety, and the probation officers are authorized to seek the cooperation of
such officials and departments, and especially of the county superintendents of
social services and of the Department of Health and Human Services."

SECTION 25. G.S. 15A-544.3(b)(9)
reads as rewritten:

"(9)
The following notice: "TO THE DEFENDANT AND EACH SURETY NAMED ABOVE: The
defendant named above has failed to appear as required before the court in the
case identified above. A forfeiture for the amount of the bail bond shown above
was entered in favor of the State against the defendant and each surety named
above on the date of forfeiture shown above. This forfeiture will be set aside
if, on or before the final judgment date shown above, satisfactory evidence is
presented to the court that one of the following events has occurred: (i) the
defendant's failure to appear has been stricken by the court in which the
defendant was required to appear and any order for arrest that was issued for
that failure to appear is recalled, (ii) all charges for which the defendant
was bonded to appear have been finally disposed by the court other than by the
State's taking a voluntary dismissal with leave, (iii) the defendant has been
surrendered by a surety or bail agent to a sheriff of this State as provided by
law, (iv) the defendant has been served with an Order for Arrest for the
Failure to Appear on the criminal charge in the case in question as evidenced
by a copy of an official court record, including an electronic record, (v) the
defendant died before or within the period between the forfeiture and the final
judgment as demonstrated by the presentation of a death certificate, (vi) the
defendant was incarcerated in a unit of the North Carolina Division of
Adult Correction of the Department of Public Safety and is serving a sentence
or in a unit of the Federal Bureau of Prisons located within the borders of the
State at the time of the failure to appear as evidenced by a copy of an
official court record or a copy of a document from the Division of Adult Correction
of the Department of Public Safety or Federal Bureau of Prisons, or (vii) the
defendant was incarcerated in a local, state, or federal detention center,
jail, or prison located anywhere within the borders of the United States at the
time of the failure to appear, and the district attorney for the county in
which the charges are pending was notified of the defendant's incarceration
while the defendant was still incarcerated and the defendant remains
incarcerated for a period of 10 days following the district attorney's receipt
of notice, as evidenced by a copy of the written notice served on the district
attorney via hand delivery or certified mail and written documentation of date
upon which the defendant was released from incarceration, if the defendant was
released prior to the time the motion to set aside was filed. The forfeiture
will not be set aside for any other reason. If this forfeiture is not set aside
on or before the final judgment date shown above, and if no motion to set it
aside is pending on that date, the forfeiture will become a final judgment on
that date. The final judgment will be enforceable by execution against the
defendant and any accommodation bondsman and professional bondsman on the bond.
The final judgment will also be reported to the Department of Insurance.
Further, no surety will be allowed to execute any bail bond in the above county
until the final judgment is satisfied in full."

SECTION 26. G.S. 15A-544.5(b)(6)
reads as rewritten:

"(6)
The defendant was incarcerated in a unit of the North Carolina Division
of Adult Correction of the Department of Public Safety and is serving a
sentence or in a unit of the Federal Bureau of Prisons located within the
borders of the State at the time of the failure to appear as evidenced by a
copy of an official court record or a copy of a document from the Division of
Adult Correction of the Department of Public Safety or Federal Bureau of
Prisons, including an electronic record."

SECTION 27. G.S. 15A-821(a)
reads as rewritten:

"(a)
If a judge of a court of general jurisdiction in any other state, which by its
laws has made provision for commanding a prisoner within that state to attend
and testify in this State, certifies under the seal of that court that there is
a criminal prosecution pending in the court or that a grand jury investigation
has commenced, and that a person confined in an institution under the control
of the State Division of Adult Correction of the Department of Public
Safety of North Carolina, other than a person confined as criminally insane, is
a material witness in the prosecution or investigation and that his presence is
required for a specified number of days, upon presentment of the certificate to
a superior court judge in the superior court district or set of districts as
defined in G.S. 7A-41.1 where the person is confined, upon notice to the
Attorney General, the judge must fix a time and place for a hearing and order
the person having custody of the prisoner to produce him at the hearing."

SECTION 28. G.S. 15A-1344(c)
reads as rewritten:

"(c)
Procedure on Altering or Revoking Probation; Returning Probationer to District
Where Sentenced. - When a judge reduces, terminates, extends, modifies, or
revokes probation outside the county where the judgment was entered, the clerk
must send a copy of the order and any other records to the court where
probation was originally imposed. A court on its own motion may return the
probationer to the district court district as defined in G.S. 7A-133 or
superior court district or set of districts as defined in G.S. 7A-41.1, as
the case may be, where probation was imposed or where the probationer resides
for reduction, termination, continuation, extension, modification, or
revocation of probation. In cases where the probation is revoked in a county
other than the county of original conviction the clerk in that county must
issue a commitment order and must file the order revoking probation and the
commitment order, which will constitute sufficient permanent record of the
proceeding in that court, and must send a certified copy of the order revoking
probation, the commitment order, and all other records pertaining thereto to
the county of original conviction to be filed with the original records. The
clerk in the county other than the county of original conviction must issue the
formal commitment to the North Carolina Division of Adult Correction of
the Department of Public Safety."

SECTION 29. G.S. 17C-3(a)
reads as rewritten:

"(a)
There is established the North Carolina Criminal Justice Education and Training
Standards Commission, hereinafter called "the Commission." The
Commission shall be composed of 3331 members as follows:

(1)
Police Chiefs. - Three police chiefs selected by the North Carolina Association
of Chiefs of Police and one police chief appointed by the Governor.

(2)
Police Officers. - Three police officials appointed by the North Carolina
Police Executives Association and two criminal justice officers certified by
the Commission as selected by the North Carolina Law-Enforcement Officers'
Association.

(3)
Departments. - The Attorney General of the State of North Carolina; the
Secretary of Public Safety; the President of the North Carolina Community
Colleges System.

(4)
At-large Groups. - One individual representing and appointed by each of the
following organizations: one mayor selected by the League of Municipalities;
one law-enforcement training officer selected by the North Carolina Law-Enforcement
Training Officers' Association; one criminal justice professional selected by
the North Carolina Criminal Justice Association; one sworn law-enforcement
officer selected by the North State Law-Enforcement Officers' Association; one
member selected by the North Carolina Law-Enforcement Women's Association; and
one District Attorney selected by the North Carolina Association of District
Attorneys.

(5)
Citizens and Others. - The President of The University of North Carolina; the
Dean of the School of Government at the University of North Carolina at Chapel
Hill; and two citizens, one of whom shall be selected by the Governor and one
of whom shall be selected by the Attorney General. The General Assembly shall
appoint four persons, two upon the recommendation of the Speaker of the House
of Representatives and two upon the recommendation of the President Pro Tempore
of the Senate. Appointments by the General Assembly shall be made in accordance
with G.S. 120-122. Appointments by the General Assembly shall be for two-year
terms to conclude on June 30th in odd-numbered years.

(6)
Correctional Officers. - Four correctional officers in management positions
employed by the Division of Adult Correction of the Department of Public Safety
shall be appointed, two from the Section of Community Corrections of the
Division of Adult Correction upon the recommendation of the Speaker of the
House of Representatives and two from the Section of Prisons of the Division of
Adult Correction upon the recommendation of the President Pro Tempore of the
Senate. Appointments by the General Assembly shall be made in accordance with
G.S. 120-122. Appointments by the General Assembly shall serve two-year
terms to conclude on June 30th in odd-numbered years. The Governor shall
appoint one correctional officer employed by the Division of Adult Correction
of the Department of Public Safety and assigned to the Office of Staff
Development and Training. The Governor's appointment shall serve a three-year
term."

SECTION 30. G.S. 20-189
reads as rewritten:

"§
20-189. Patrolmen assigned to Governor's office.

The Secretary of Public Safety, at
the request of the Governor, shall assign and attach two members of the State
Highway Patrol to the office of the Governor, there to be assigned such duties
and perform such services as the Governor may direct. The salary of the State highway
patrolmenHighway Patrol members so assigned to the office of the
Governor shall be paid from appropriations made to the office of the Governor
and shall be fixed in an amount to be determined by the Governor."

SECTION 31. G.S. 20-192
reads as rewritten:

"§
20-192. Shifting of patrolmen personnel from one district
to another.

The commanding officer of the
State Highway Patrol under such rules and regulations as the Department of
Public Safety may prescribe shall have authority from time to time to shift the
forces from one district to another, or to consolidate more than one district
force at any point for special purposes. Whenever a member of the State Highway
Patrol is transferred from one point to another for the convenience of the
State or otherwise than upon the request of the patrolman, Highway
Patrol member, the Department shall be responsible for transporting the
household goods, furniture and personal apparel of the patrolman Highway
Patrol member and members of his the Highway Patrol member's household."

SECTION 32. G.S. 65-4
reads as rewritten:

"§
65-4. State Division of Adult Correction of the Department of Public
Safety to furnish labor.

The State Division of Adult
Correction of the Department of Public Safety is hereby authorized and directed
to furnish at such time, or times, as may be convenient, such prisoner's labor
as may be available, to properly care for the Confederate Cemetery situated in
the City of Raleigh, such services to be rendered by the State's prisoners
without compensation."

SECTION 33. G.S. 66-58(b)(15)
reads as rewritten:

"(15) The State
Division of Adult Correction of the Department of Public Safety is
authorized to purchase and install automobile license tag plant equipment for
the purpose of manufacturing license tags for the State and local governments
and for such other purposes as the Division may direct.

The Commissioner
of Motor Vehicles, or such other authority as may exercise the authority to
purchase automobile license tags is hereby directed to purchase from, and to
contract with, the State Division of Adult Correction of the Department
of Public Safety for the State automobile license tag requirements from year to
year.

The price to be
paid to the State Division of Adult Correction of the Department of
Public Safety for the tags shall be fixed and agreed upon by the Governor, the
State Division of Adult Correction of the Department of Public Safety, and the
Motor Vehicle Commissioner, or such authority as may be authorized to purchase
the supplies."

SECTION 34. G.S. 97-13(c)
reads as rewritten:

"(c)
Prisoners. - This Article shall not apply to prisoners being worked by the
State or any subdivision thereof, except to the following extent: Whenever any
prisoner assigned to the State Division of Adult Correction of the
Department of Public Safety shall suffer accidental injury or accidental death
arising out of and in the course of the employment to which he had been
assigned, if there be death or if the results of such injury continue until
after the date of the lawful discharge of such prisoner to such an extent as to
amount to a disability as defined in this Article, then such discharged
prisoner or the dependents or next of kin of such discharged prisoner may have
the benefit of this Article by applying to the Industrial Commission as any
other employee; provided, such application is made within 12 months from the
date of the discharge; and provided further that the maximum compensation to
any prisoner or to the dependents or next of kin of any deceased prisoner shall
not exceed thirty dollars ($30.00) per week and the period of compensation
shall relate to the date of his discharge rather than the date of the accident.
If any person who has been awarded compensation under the provisions of this
subsection shall be recommitted to prison upon conviction of an offense
committed subsequent to the award, such compensation shall immediately cease.
Any awards made under the terms of this subsection shall be paid by the State
Division of Adult Correction of the Department of Public Safety from the
funds available for the operation of the Division of Adult Correction of the
Department of Public Safety. The provisions of G.S. 97-10.1 and 97-10.2
shall apply to prisoners and discharged prisoners entitled to compensation
under this subsection and to the State in the same manner as said section
applies to employees and employers."

SECTION 35. G.S. 105-259(b)(15)
reads as rewritten:

"(15) To
exchange information concerning a tax imposed by Articles 2A, 2C, or 2D of this
Chapter with one of the following agencies when the information is needed to
fulfill a duty imposed on the Department or the agency:

a.
The North Carolina Alcoholic Beverage Control Commission.

b.
The Alcohol Law Enforcement Section of the Department of Public Safety.

c.
The Bureau of Alcohol, Tobacco, and Firearms of the United States Treasury
Department.Department of Justice.

d.
Law enforcement agencies.

e.
The Section of Community Corrections of the Division of Adult Correction of the
Department of Public Safety."

SECTION 36. G.S. 114-10.1(b)
reads as rewritten:

"(b)
The Attorney General is authorized to cooperate with the Division of Motor
Vehicles, Department of Administration, Division of Adult Correction of the
Department of Public Safety Safety, and other State, local and
federal agencies and organizations in carrying out the purpose and intent of
this section, and to utilize, in cooperation with other State agencies and to
the extent as may be practical, computers and related equipment as may be
operated by other State agencies."

SECTION 37. G.S. 114-14
reads as rewritten:

"§
114-14. General powers and duties of Director and assistants.

The Director of the Bureau and his
assistants are given the same power of arrest as is now vested in the sheriffs
of the several counties, and their jurisdiction shall be statewide. The
Director of the Bureau and his assistants shall, at the request of the
Governor, give assistance to sheriffs, police officers, district attorneys, and
judges when called upon by them and so directed. They shall also give
assistance, when requested, to the office of the Division of Adult
Correction of the Department of Public Safety in the investigation of cases
pending before the parole office and of complaints lodged against parolees,
when so directed by the Governor."

SECTION 38. G.S. 115C-108.1(d)
reads as rewritten:

"(d)
The Departments of Health and Human Services, Correction, and Juvenile Justice
and Delinquency Prevention shall submit to the Board their plans for the
education of children with disabilities in their care, custody, or control. The
Board may grant specific exemptions for programs administered by the Department
of Health and Human Services, the Division of Juvenile Justice of the
Department of Public Safety, or the Division of Adult Correction of the
Department of Public Safety when compliance by them with the Board's standards
would, in the Board's judgment, impose undue hardship on that department or
division and when other procedural due process requirements, substantially
equivalent to those required under this Article and IDEA, are assured in
programs of special education and related services furnished to children with
disabilities served by that department. Further, the Board shall recognize that
inpatient and residential special education programs within the Departments of
Health and Human Services, Correction, and Juvenile Justice and Delinquency
Prevention the Division of Juvenile Justice of the Department of Public
Safety, or the Division of Adult Correction of the Department of Public Safety may
require more program resources than those necessary for optimal operation of
these programs in local school administrative units."

SECTION 39. G.S. 115C-108.1(e)
reads as rewritten:

"(e)
The Board shall support and encourage joint and collaborative special education
planning and programming at local levels to include local school administrative
units and the programs and agencies of the Departments of Health and Human
Services, Correction, and Juvenile Justice and Delinquency Prevention.the
Division of Juvenile Justice of the Department of Public Safety, or the
Division of Adult Correction of the Department of Public Safety."

SECTION 40. G.S. 115C-325(p)
reads as rewritten:

"(p)
Section Applicable to Certain Institutions. - Notwithstanding any law or
regulation to the contrary, this section shall apply to all persons employed in
teaching and related educational classes in the schools and institutions of the
Departments of Health and Human Services, Public Instruction, Correction, or
Juvenile Justice and Delinquency Prevention the Division of Juvenile
Justice of the Department of Public Safety, or the Division of Adult Correction
of the Department of Public Safety, regardless of the age of the
students."

SECTION 41. G.S. 115D-5(b)(2)
reads as rewritten:

"(2)
Courses requested by the following entities that support the organizations'
training needs and are on a specialized course list approved by the State Board
of Community Colleges:

a.
Volunteer fire departments.

b.
Municipal, county, or State fire departments.

c.
Volunteer EMS or rescue and lifesaving departments.

d.
Municipal, county, or State EMS or rescue and lifesaving departments.

e.
Radio Emergency Associated Communications Teams (REACT) under contract to a
county as an emergency response agency.

(v) (vi) municipal
county, or State law-enforcement officers

f.
Municipal, county, or State law enforcement agencies.

g.
The Division of Adult Correction of the Department of Public Safety for the
training of full-time custodial employees and employees of the Division's
Section of Community Corrections of the Division of Adult Correction required
to be certified under Chapter 17C of the General Statutes and the rules of the
Criminal Justice and Training Standards Commission.

h.
The Division of Juvenile Justice of the Department of Public Safety for the
training of employees required to be certified under Chapter 17C of the General
Statutes and the rules of the Criminal Justice and Training Standards
Commission."

SECTION 42. G.S. 120-12.1
reads as rewritten:

"§
120-12.1. Reports on vacant positions in the Judicial Department and
three other departments.

The Judicial Department, the
Division of Adult Correction of the Department of Public Safety, the
Department of Justice, and the Department of Public Safety shall each report by
February 1 of each year to the Chairs of the House and Senate Appropriations
Committees and the Chairs of the House and Senate Appropriations Subcommittees
on Justice and Public Safety on all positions within that department that have
remained vacant for 12 months or more. The report shall include the original
position vacancy dates, the dates of any postings or repostings of the
positions, and an explanation for the length of the vacancies."

SECTION 43. G.S. 122C-115.4(g)(1)
reads as rewritten:

"(1)
Each LME to have at least one trained care coordination person on staff to
serve as the point of contact for TRICARE, the North Carolina National Guard's
Integrated Behavioral Health System, the Army Reserve Department of
Psychological Health, the United States Department of Veterans Affairs, the North
Carolina Division of Adult Correction, and related organizations to ensure
that members of the active and reserve components of the Armed Forces of the
United States, veterans, and their family members have access to State-funded
services when they are not eligible for federally funded mental health or
substance abuse services."

SECTION 44. G.S. 131E-214.1(3)
reads as rewritten:

"(3)
"Hospital" means a facility licensed under Article 5 of this Chapter
or Article 2 of Chapter 122C of the General Statutes, but does not include the
following:

a.
A facility with all of its beds designated for medical type "LTC"
(long-term care).

b.
A facility with the majority of its beds designated for medical type "PSY-3"
(mental retardation).

c.
A facility operated by the North Carolina Division of Adult Correction
of the Department of Public Safety."

SECTION 45. G.S. 143-134(b)
reads as rewritten:

"(b)
Notwithstanding the provisions of subsection (a) of this section, the
Department of Transportation and the Division of Adult Correction of the
Department of Public Safety shall: (i) submit all proposed contracts for
supplies, materials, printing, equipment, and contractual services that exceed
one million dollars ($1,000,000) to the Attorney General or the Attorney
General's designee for review as provided in G.S. 114-8.3; and (ii)
include in all contracts to be awarded by the Department of Transportation or
the Division of Adult Correction of the Department of Public Safety a standard
clause which provides that the State Auditor and internal auditors of the
Department of Transportation or the Division of Adult Correction of the
Department of Public Safety may audit the records of the contractor during and
after the term of the contract to verify accounts and data affecting fees and
performance. Neither the Department of Transportation nor the Division of Adult
Correction of the Department of Public Safety shall award a cost plus
percentage of cost agreement or contract for any purpose."

SECTION 46. G.S. 143-166.2(d)
reads as rewritten:

"(d)
The term "law-enforcement officer", "officer", or
"fireman" shall mean a sheriff and all law-enforcement officers
employed full-time, permanent part-time, or temporarily by a sheriff, the State
of North Carolina or any county or municipality thereof, whether paid or
unpaid; and all full-time custodial employees and probation and parole officers
of the North Carolina Division of Adult Correction of the Department of
Public Safety; and all full time institutional and full-time, permanent part-time,
and temporary detention employees of the Division of Juvenile Justice of the
Department of Public Safety and full-time, permanent part-time, and temporary
detention officers employed by any sheriff, county or municipality, whether
paid or unpaid. The term "firemen" shall mean both "eligible
firemen" as defined in G.S. 58-86-25 and all full-time, permanent
part-time and temporary employees of the Division of Forest Resources,
Department of Agriculture and Consumer Services, during the time they are
actively engaged in fire-fighting activities; and shall mean all full-time
employees of the North Carolina Department of Insurance during the time they
are actively engaged in fire-fighting activities, during the time they are
training fire fighters or rescue squad workers, and during the time they are
engaged in activities as members of the State Emergency Response Team, when the
Team has been activated; and shall mean all otherwise eligible persons who,
while actively engaged as firefighters or rescue squad workers, are acting in
the capacity of a fire or rescue instructor outside their own department or
squad. The term "rescue squad worker" shall mean a person who is
dedicated to the purpose of alleviating human suffering and assisting anyone
who is in difficulty or who is injured or becomes suddenly ill by providing the
proper and efficient care or emergency medical services. In addition, this
person must belong to an organized rescue squad which is eligible for
membership in the North Carolina Association of Rescue Squads, Inc., and the
person must have attended a minimum of 36 hours of training and meetings in the
last calendar year. Each rescue squad belonging to the North Carolina
Association of Rescue Squads, Inc., must file a roster of those members meeting
the above requirements with the State Treasurer on or about January 1 of each
year, and this roster must be certified to by the secretary of said
association. In addition, the term "rescue squad worker" shall mean a
member of an ambulance service certified by the Department of Health and Human
Services pursuant to Article 7 of Chapter 131E of the General Statutes. The
Department of Health and Human Services shall furnish a list of ambulance
service members to the State Treasurer on or about January 1 of each year. The
term "Civil Air Patrol members" shall mean those senior members of
the North Carolina Wing-Civil Air Patrol 18 years of age or older and currently
certified pursuant to G.S. 143B-491(a). G.S. 143B-1031. The
term "fireman" shall also mean county fire marshals when engaged in
the performance of their county duties. The term "rescue squad
worker" shall also mean county emergency services coordinators when engaged
in the performance of their county duties."

The Executive Organization Act of
1973 shall be applicable only to the following named departments:

(1)
Department of Cultural ResourcesResources.

(2)
Department of Health and Human ServicesServices.

(3)
Department of RevenueRevenue.

(4)
Department of Public SafetySafety.

(5)Division of Adult Correction of the Department of Public Safety

(6)
Department of Environment and Natural ResourcesResources.

(7)
Department of TransportationTransportation.

(8)
Department of AdministrationAdministration.

(9)
Department of CommerceCommerce.

(10)Division of Juvenile Justice of the Department of Public Safety."

SECTION 48. G.S. 143B-6
reads as rewritten:

"§
143B-6. Principal departments.

In addition to the principal
departments enumerated in the Executive Organization Act of 1971, all executive
and administrative powers, duties, and functions not including those of the
General Assembly and its agencies, the General Court of Justice and the
administrative agencies created pursuant to Article IV of the Constitution of North
Carolina, and higher education previously vested by law in the several State
agencies, are vested in the following principal departments:

(1)
Department of Cultural ResourcesResources.

(2)
Department of Health and Human ServicesServices.

(3)
Department of RevenueRevenue.

(4)
Department of Public SafetySafety.

(5)Division of Adult Correction of the Department of Public Safety

(6)
Department of Environment and Natural ResourcesResources.

(7)
Department of TransportationTransportation.

(8)
Department of AdministrationAdministration.

(9)
Department of CommerceCommerce.

(10)
Community Colleges System OfficeOffice.

(11)Division of Juvenile Justice of the Department of Public Safety."

SECTION 49. G.S. 143B-417(1)
reads as rewritten:

"(1)
To determine the number of student interns to be allocated to each of the
following offices or departments:

a.
Office of the Governor

b.
Department of Administration

c.Division of Adult Correction of the Department of Public Safety

d.
Department of Cultural Resources

e.
Department of Revenue

f.
Department of Transportation

g.
Department of Environment and Natural Resources

h.
Department of Commerce

i.
Department of Public Safety

j.
Department of Health and Human Services

k.
Office of the Lieutenant Governor

l.
Office of the Secretary of State

m.
Office of the State Auditor

n.
Office of the State Treasurer

o.
Department of Public Instruction

p.
Repealed by Session Laws 1985, c. 757, s. 162.

q.
Department of Agriculture and Consumer Services

r.
Department of Labor

s.
Department of Insurance

t.
Office of the Speaker of the House of Representatives

u.
Justices of the Supreme Court and Judges of the Court of Appeals

v.
Community Colleges System Office

w.
Office of State Personnel

x.
Office of the Senate President Pro Tempore

y.Division of Juvenile Justice of the Department of Public Safety

z.
Administrative Office of the Courts

aa.
State Ethics Commission

bb.
Division of Employment Security

cc.
State Board of Elections

dd.
Department of Justice".

SECTION 50. G.S. 143B-426.22(a)
reads as rewritten:

"(a)
Creation; Membership. - The Governor's Management Council is created in the
Department of Administration. The Council shall contain the following members:
The Secretary of Administration, who shall serve as chairman, a senior staff
officer responsible for productivity and management programs from the
Departments of Commerce, Revenue, Environment and Natural Resources,
Transportation, Public Safety, Cultural Resources, Correction, Health
and Human Services, Juvenile Justice and Delinquency Prevention, and
Administration; and an equivalent officer from the Offices of State Personnel,
State Budget and Management, and the Governor's Program for Executive and
Organizational Development. The following persons may also serve on the Council
if the entity represented chooses to participate: a senior staff officer
responsible for productivity and management programs from any State department
not previously specified in this section, and a representative from The
University of North Carolina."

SECTION 51.
G.S. 143B-707 reads as rewritten:

"§
143B-707. Reports to the General Assembly.

The Division of Adult Correction
of the Department of Public Safety shall report by March 1 of each year to the
Chairs of the Senate and House Appropriations Committees and the Chairs of the
Senate and House Appropriations Subcommittees in Justice and Public Safety on
their efforts to provide effective treatment to offenders with substance abuse
problems. The report shall include:

(1)
Details of any new initiatives and expansions or reduction of programs;programs.

(2)
Details on any treatment efforts conducted in conjunction with other departments;departments.

(6)
Statistical information on the number of current inmates with substance abuse
problems that require treatment, the number of treatment slots, the number who
have completed treatment, and a comparison of available treatment slots to
actual utilization rates. The report shall include this information for each
DOC funded program; andprogram.

(7)
Evaluation of each substance abuse treatment program funded by the Division of
Adult Correction of the Department of Public Safety. Evaluation measures shall
include reduction in alcohol and drug dependency, improvements in disciplinary
and infraction rates, recidivism (defined as return-to-prison rates), and other
measures of the programs' success."

SECTION 52. G.S. 143B-711
reads as rewritten:

"§
143B-711. Division of Adult Correction of the Department of Public Safety
- organization.

The Division of Adult Correction
of the Department of Public Safety shall be organized initially to include the
Post-Release Supervision and Parole Commission, the Board of Correction, the
Section of Prisons of the Division of Adult Correction, the Division of
Adult Probation and Parole, the Section of Community Corrections, the
Section of Alcoholism and Chemical Dependency Treatment Programs, and such
other divisions as may be established under the provisions of the Executive
Organization Act of 1973.

The Division shall establish a
Substance Abuse Program. All substance abuse programs established or in
existence shall be administered by the Division of Adult Correction of the
Department of Public Safety under the Substance Abuse Program."

SECTION 53. G.S. 143B-715(b)
reads as rewritten:

"(b)
The Secretary of Public SafetyBoard of Correction shall consist
of one voting member from each of the 13 congressional districts, appointed by
the Governor to serve at his pleasure. One member shall be a psychiatrist or a
psychologist, one an attorney with experience in the criminal courts, one a
judge in the General Court of Justice and nine members appointed at large. The
Secretary of Public Safety shall be an additional nonvoting member and chairman
ex officio. The terms of office of the nine members presently serving on the
Board shall continue, but any vacancy occurring on or after July 1, 1983, shall
be filled by the Governor in compliance with the requirement of membership from
the various congressional districts."

(a)
There is hereby created the Governor's Crime Commission of the Department of
Public Safety. The Commission shall consist of 38 36 voting
members and six nonvoting members. The composition of the Commission shall be
as follows:

(1)
The voting members shall be:

a.
The Governor, the Chief Justice of the Supreme Court of North Carolina (or
his alternate), Carolina (or the Chief Justice's designee), the
Attorney General, the Director of the Administrative Office of the Courts, the
Secretary of the Department of Health and Human Services, the Secretary of
Public Safety, the Secretary of the Division of Juvenile Justice of the
Department of Public Safety,Safety (or the Secretary's designee),
and the Superintendent of Public Instruction;

b.
A judge of superior court, a judge of district court specializing in juvenile
matters, a chief district court judge, a clerk of superior court, and a
district attorney;

c.
A defense attorney, three sheriffs (one of whom shall be from a "high
crime area"), three police executives (one of whom shall be from a
"high crime area"), eight citizens (two with knowledge of juvenile
delinquency and the public school system, two of whom shall be under the age of
21 at the time of their appointment, one advocate for victims of all crimes,
one representative from a domestic violence or sexual assault program, one
representative of a "private juvenile delinquency program," and one
in the discretion of the Governor), three county commissioners or county
officials, and three mayors or municipal officials;

d.
Two members of the North Carolina House of Representatives and two members of
the North Carolina Senate.

(2)
The nonvoting members shall be the Director of the State Bureau of
Investigation, the Secretary of the Department of Public Safety, the Assistant
Secretary of Intervention/Prevention Deputy Director of the Division
of Juvenile Justice of the Department of Public Safety,Safety who is
responsible for Intervention/Prevention programs, the Assistant
Secretary of Youth DevelopmentDeputy Director of the Division of
Juvenile Justice of the Department of Public Safety,Safety who is
responsible for Youth Development programs, the Director Section
Chief of the Section of Prisons of the Division of Adult Correction and the
Director Section Chief of the Section of Community Corrections of
the Division of Adult Correction.

(b)
The membership of the Commission shall be selected as follows:

(1)
The following members shall serve by virtue of their office: the Governor, the
Chief Justice of the Supreme Court, the Attorney General, the Director of the
Administrative Office of the Courts, the Secretary of the Department of Health
and Human Services, the Secretary of Public Safety, the Director of the State
Bureau of Investigation, the Secretary of the Department of Public Safety,
the DirectorSection Chief of the Section of Prisons of the Division
of Adult Correction, the Director Section Chief of the Section of
Community Corrections of the Division of Adult Correction, the Secretary of
the Division of Juvenile Justice of the Department of Public Safety, the
Assistant Secretary ofDeputy Director who is responsible for Intervention/Prevention
of the Division of Juvenile Justice of the Department of Public Safety, the Assistant
Secretary ofDeputy Director who is responsible for Youth Development
of the Division of Juvenile Justice of the Department of Public Safety, and the
Superintendent of Public Instruction. Should the Chief Justice of the Supreme
Court choose not to serve, his alternate shall be selected by the Governor from
a list submitted by the Chief Justice which list must contain no less than
three nominees from the membership of the Supreme Court.

(2)
The following members shall be appointed by the Governor: the district
attorney, the defense attorney, the three sheriffs, the three police
executives, the eight citizens, the three county commissioners or county
officials, the three mayors or municipal officials.

(3)
The following members shall be appointed by the Governor from a list submitted
by the Chief Justice of the Supreme Court, which list shall contain no less
than three nominees for each position and which list must be submitted within
30 days after the occurrence of any vacancy in the judicial membership: the
judge of superior court, the clerk of superior court, the judge of district
court specializing in juvenile matters, and the chief district court judge.

(4)
The two members of the House of Representatives provided by subdivision
(a)(1)d. of this section shall be appointed by the Speaker of the House of
Representatives and the two members of the Senate provided by subdivision
(a)(1)d. of this section shall be appointed by the President Pro Tempore of the
Senate. These members shall perform the advisory review of the State plan for
the General Assembly as permitted by section 206 of the Crime Control Act of
1976 (Public Law 94-503).

(5)
The Governor may serve as chairman, designating a vice-chairman to serve at his
pleasure, or he may designate a chairman and vice-chairman both of whom shall
serve at his pleasure.

(c)
The initial members of the Commission shall be those appointed under subsection
(b) above, which appointments shall be made by March 1, 1977. The terms of the
present members of the Governor's Commission on Law and Order shall expire on
February 28, 1977. Effective March 1, 1977, the Governor shall appoint members,
other than those serving by virtue of their office, to serve staggered terms;
seven shall be appointed for one-year terms, seven for two-year terms, and
seven for three-year terms. At the end of their respective terms of office
their successors shall be appointed for terms of three years and until their
successors are appointed and qualified. The Commission members from the House
and Senate shall serve two-year terms effective March 1, of each odd-numbered
year; and they shall not be disqualified from Commission membership because of
failure to seek or attain reelection to the General Assembly, but resignation
or removal from office as a member of the General Assembly shall constitute
resignation or removal from the Commission. Any other Commission member no
longer serving in the office from which he qualified for appointment shall be
disqualified from membership on the Commission. Any appointment to fill a
vacancy on the Commission created by the resignation, dismissal, death,
disability, or disqualification of a member shall be for the balance of the
unexpired term.

(d)
The Governor shall have the power to remove any member from the Commission for
misfeasance, malfeasance or nonfeasance.

(e)
The Commission shall meet quarterly and at other times at the call of the
chairman or upon written request of at least eight of the members. A majority
of the voting members shall constitute a quorum for the transaction of
business.

(f)
The Commission shall be treated as a board for purposes of Chapter 138A of the
General Statutes."

(3)Division. - The Section of Prisons of the Division of Adult Corrections.

(4)
Eligible entity. - A local or regional government, a nongovernmental entity, or
collaborative partnership that demonstrates capacity to provide services that
address the criminogenic needs of offenders.

(5)
Program. - A community-based corrections program.

(6)
Secretary. - The Secretary of the Department of Correction.Public
Safety.

(6a)Section. - The Section of Community Corrections of the Division of Adult
Correction.

(7)
State Board. - The State Community Corrections Advisory Board."

SECTION 56. G.S. 143B-1155
reads as rewritten:

"§
143B-1155. Duties of Division of Adult Correction.

(a)
In addition to those otherwise provided by law, the Division of Adult
Correction shall have the following duties:

(1)
To enter into contractual agreements with eligible entities for the operation
of community-based corrections programs and monitor compliance with those
agreements.

(2)
To develop the minimum program standards, policies, and rules for community-based
corrections programs and to consult with the Department of Health and Human
Services on those standards, policies, and rules that are applicable to
licensed and credentialed substance abuse services.

(5)
To collaborate with the Department of Health and Human Services on focusing
treatment resources on high-risk and moderate to high need offenders on
probation, parole, and post-release supervision.

(b)
The Division of Adult Correction, Section of Prisons Community
Corrections of the Division of Adult Correction,Correction
shall develop and publish a recidivism reduction plan for the State that
accomplishes the following:

(1)
Articulates a goal of reducing revocations among people on probation and post-release
supervision by twenty percent (20%) from the rate in the 2009-2010 fiscal year.

(2)
Identifies the number of people on probation and post-release supervision in
each county that are in the priority population and have a likely need for
substance abuse and/or mental health treatment, employment, education, and/or
housing.

(3)
Identifies the program models that research has shown to be effective at
reducing recidivism for the target population and ranks those programs based on
their cost-effectiveness.

(4)
Propose a plan to fund the provision of the most cost-effective programs and
services across the State. The plan shall describe the number and types of
programs and/or services to be funded in each region of the State and how that
program capacity compares with the needs of the target population in that
region.

(c)
The Division of Adult Correction shall report by March 1 of each year to the
Chairs of the Senate and House of Representatives Appropriations Committees,
the Senate and House of Representatives Appropriations Subcommittees on Justice
and Public Safety, and the Joint Legislative Corrections, Crime Control, and
Juvenile Justice Oversight Committee on Justice and Public Safety on
the status of the Treatment for Effective Community Supervision Program. The
report shall include the following information:

(1)
The dollar amount and purpose of funds provided on a contractual basis to
service providers for the previous fiscal year.

(2)
An analysis of offender participation data received, including the following:

a.
The number of people on probation and post-release supervision that are in the
priority population that received services.

b.
The number of people on probation and post-release supervision that are in the
priority population that did not receive services.

c.
The number of people on probation and post-release supervision outside of the
priority population that received services.

d.
The type of services provided to these populations.

e.
The rate of revocations and successful completions for people who received
services.

f.
Other measures as determined appropriate.

(3)
The dollar amount needed to provide additional services to meet the needs of
the priority population in the upcoming budget year.

(4)
Details of personnel, travel, contractual, operating, and equipment
expenditures for each program type."

SECTION 57. G.S. 146-33
reads as rewritten:

"§
146-33. State agencies to locate and mark boundaries of lands.

Every State agency shall locate
and identify, and shall mark and keep marked, the boundaries of all lands
allocated to that agency or under its control. The Department of Administration
shall locate and identify, and mark and keep marked, the boundaries of all
State lands not allocated to or under the control of any other State agency.
The chief administrative officer of every State agency is authorized to
contract with the State Division of Adult Correction of the Department
of Public Safety for the furnishing, upon such conditions as may be agreed upon
from time to time between the State Division of Adult Correction of the
Department of Public Safety and the chief administrative officer of that
agency, of prison labor for use where feasible in the performance of these
duties."

SECTION 58. G.S. 147-12(b)
reads as rewritten:

"(b)
The Department of Transportation, the Division of Adult Correction of the
Department of Public Safety, the Department of Public Safety, the State
Highway Patrol, the Wildlife Resources Commission, the Division of Parks and
Recreation in the Department of Environment and Natural Resources, and the
Division of Marine Fisheries in the Department of Environment and Natural
Resources shall deliver to the Governor by February 1 of each year detailed
information on the agency's litter enforcement, litter prevention, and litter
removal efforts. The Administrative Office of the Courts shall deliver to the Governor
Governor, by February 1 of each year year, detailed
information on the enforcement of the littering laws of the State, including
the number of charges and convictions under the littering laws of the State.
The Governor shall gather the information submitted by the respective agencies
and deliver a consolidated annual report report, on or before
March 1 of each year year, to the Environmental Review
Commission, the Joint Legislative Transportation Oversight Committee, and the
House of Representatives and the Senate Appropriations Subcommittees on Natural
and Economic Resources."

SECTION 59. G.S. 148-26(f)
reads as rewritten:

"(f)
Adult inmates of the State prison system shall be prohibited from working at or
being on the premises of any schools or institutions operated or administered
by the Youth Development Division Section of the Division of
Juvenile Justice of the Department of Public Safety.Safety unless a
complete sight and sound barrier is erected and maintained during the course of
the labor performed by the adult inmates."

SECTION 60. G.S. 162-39(c)
reads as rewritten:

"(c)
The sheriff of the county from which the prisoner is removed shall be
responsible for conveying the prisoner to the jail or prison unit where he is
to be held, and for returning him to the common jail of the county from which
he was transferred. The return shall be made at the expiration of the time
designated in the court order directing the transfer unless the judge, by
appropriate order, shall direct otherwise. The sheriff or keeper of the jail of
the county designated in the court order, or the officer in charge of the
prison unit designated by the Secretary of Public Safety, shall receive and
release custody of the prisoner in accordance with the terms of the court
order. If a prisoner is transferred to a unit of the State prison system, the
county from which the prisoner is transferred shall pay the Division of Adult
Correction of the Department of Public Safety for maintaining the prisoner for
the time designated by the court at the per day, per inmate rate at which the
Division of Adult Correction of the Department of Public Safety pays a local
jail for maintaining a prisoner. The county shall also pay the Division of
Adult Correction of the Department of Public Safety for the costs of
extraordinary medical care incurred while the prisoner was in the custody of
the Division of Adult Correction of the Department of Public Safety, defined as
follows:

(1)
Medical expenses incurred as a result of providing health care to a prisoner as
an inpatient (hospitalized);

(2)
Other medical expenses when the total cost exceeds thirty-five dollars ($35.00)
per occurrence or illness as a result of providing health care to a prisoner as
an outpatient (nonhospitalized); and

(3)
Cost of replacement of eyeglasses and dental prosthetic devices if those
eyeglasses or devices are broken while the prisoner is incarcerated, provided
the prisoner was using the eyeglasses or devices at the time of his commitment
and then only if prior written consent of the county is obtained by the
Division.

If the prisoner is transferred to a
jail in some other county, the county from which the prisoner is transferred
shall pay to the county receiving the prisoner in its jail the actual cost of
maintaining the prisoner for the time designated by the court. Counties are
hereby authorized to enter into contractual agreements with other counties to
provide jail facilities to which prisoners may be transferred as deemed
necessary under this section.

Whenever prisoners are arrested in
such numbers that county jail facilities are insufficient and inadequate for
the safekeeping of such prisoners, the resident judge of the superior court or
any superior or district court judge holding court in the district may order
the prisoners transferred to a unit of the State Division of Adult
Correction of the Department of Public Safety designated by the Secretary of
Public Safety or his authorized representative, where the prisoners may be held
for such length of time as the judge may direct, such detention to be in cell
separate from that used for imprisonment of persons already convicted of
crimes, except when admission to an inpatient prison medical or mental health
unit is required to provide services deemed necessary by a prison health care
clinician. The sheriff of the county from which the prisoners are removed shall
be responsible for conveying the prisoners to the prison unit or units where
they are to be held, and for returning them to the common jail of the county
from which they were transferred. However, if due to the number of prisoners to
be conveyed the sheriff is unable to provide adequate transportation, he may
request the assistance of the Division of Adult Correction of the Department of
Public Safety, and the Division of Adult Correction of the Department of Public
Safety is hereby authorized and directed to cooperate with the sheriff and
provide whatever assistance is available, both in vehicles and manpower, to
accomplish the conveying of the prisoners to and from the county to the
designated prison unit or units. The officer in charge of the prison unit
designated by the Secretary of Public Safety or his authorized representative
shall receive and release the custody of the prisoners in accordance with the
terms of the court order. The county from which the prisoners are transferred
shall pay to the Division of Adult Correction of the Department of Public
Safety the actual cost of transporting the prisoners and the cost of
maintaining the prisoners at the per day, per inmate rate at which the Division
of Adult Correction of the Department of Public Safety pays a local jail for
maintaining a prisoner, provided, however, that a county is not required to
reimburse the State for transporting or maintaining a prisoner who was a
resident of another state or county at the time he was arrested. However, if
the county commissioners shall certify to the Governor that the county is
unable to pay the bill submitted by the State Division of Adult Correction
of the Department of Public Safety to the county for the services rendered,
either in whole or in part, the Governor may recommend to the Council of State
that the State of North Carolina assume and pay, in whole or in part, the
obligation of the county to the Division of Adult Correction of the Department
of Public Safety, and upon approval of the Council of State the amount so
approved shall be paid from Contingency and Emergency Fund to the Division of
Adult Correction of the Department of Public Safety.

When, due to an emergency, it is
not feasible to obtain from a judge of the superior or district court a prior
order of transfer, the sheriff of the county and the Division of Adult
Correction of the Department of Public Safety may exercise the authority
hereinafter conferred; provided, however, that the sheriff shall, as soon as
possible after the emergency, obtain an order from the judge authorizing the
prisoners to be held in the designated place of confinement for such period as
the judge may direct. All provisions of this subsection shall be applicable to
municipalities whenever prisoners are arrested in such numbers that the
municipal jail facilities and the county jail facilities are insufficient and
inadequate for the safekeeping of the prisoners. The chief of police is hereby
authorized to exercise the authority herein conferred upon the sheriff, and the
municipality shall be liable for the cost of transporting and maintaining the
prisoners to the same extent as a county would be unless action is taken by the
Governor and Council of State as herein provided for counties which are unable
to pay such costs."

SECTION 61. The
Revisor of Statutes shall delete throughout Chapter 148 of the General Statutes
the words "State" or "North Carolina" if the words appear
directly before the phrase "Division of Adult Correction."

PART III. TRANSFER EVIDENCE
WAREHOUSE

SECTION 62. Section
19.1(cc) of S.L. 2011-145 is repealed.

SECTION 63. The
evidence warehouse that was operated by the Law Enforcement Support Services
Division of the Department of Crime Control and Public Safety prior to January
1, 2012, is transferred to the Office of External Affairs in the Department of
Public Safety. All State-owned personal property located in or associated
with the warehouse and all evidence of any type, including rape kits, located
in the warehouse are reallocated to the Office of External Affairs in the
Department of Public Safety. The warehouse shall be known as the
"Victim Services Warehouse." The Department of Public Safety
shall assume any lease to which the warehouse is subject at the time this
section becomes effective.

SECTION 64. G.S. 143B-600(a)(7)
reads as rewritten:

"(7)
The Office of External Affairs, which shall be responsible for federal and
State liaison activities, victim services, the Victim Services Warehouse and
the storage and management of evidence and other contents housed in the
warehouse, and public affairs."

SECTION 65. G.S. 143B-601
is amended by adding the following new subdivisions to read:

"(12)To provide central storage and management of evidence according to the
provisions of Article 13 of Chapter 15A of the General Statutes and
create and maintain a databank of statewide storage locations of
postconviction evidence or other similar programs.

(13)To provide central storage and management of rape kits according to the
federal Violence Against Women and Department of Justice Reauthorization Act of
2005 with specific protections against release of names of victims providing anonymous
or "Jane Doe" rape kits without victim consent.

(14)To provide for the storage and management of evidence."

SECTION
66. This act is effective when it becomes law.

In the
General Assembly read three times and ratified this the 21st day of
June, 2012.

s/ Walter H. Dalton

President of the Senate

s/ Thom Tillis

Speaker of the House of Representatives

_____________________________________

Beverly E. Perdue

Governor

Approved
__________.m. this ______________ day of ___________________, 2012